The illegal dismissal of female executives has sparked heated discussions, and the truth about the suspension of the personnel involved has gradually surfaced. According to a report by Qilu Evening News on January 6, Jing, a female executive of a company in Beijing, had a dispute with a male employee Sun in the process of terminating the labor contract.
Jing was emotional during the dispute and made inappropriate remarks, such as "I will be released illegally now, can you control my illegality?"
You try to see if you can't find a job for two and a half years", "You immediately pack up my things and leave, labor arbitration in the first and second instance, I have people, I will wait for you slowly, you don't want to find a job again" and so on.
The remarks sparked public outrage and questions about her flouting Chinese law and speculation that she might have someone behind her.
On the evening of January 7, 2024, Shougang Group Co., Ltd. issued a statement saying that the woman in the online video was not an employee or executive of Shougang Group, and the incident had nothing to do with Shougang Group.
In the early morning of January 8, Beijing Neox Technology Co., Ltd. issued a statement on the matter, saying that the human employee had been suspended.
The company said in a statement that Sun, a former employee of the company, joined the company on June 25, 2023, signed a three-year labor contract and a confidentiality and non-compete agreement, and had a probationary period of six months. Due to Sun's incompetence, the company decided not to pass the probationary period. After consensus, the two parties signed an agreement on the termination of labor relations on December 1, and the company paid the wages and severance compensation in full for November on December 8 in accordance with the agreement. The above procedures are handled in accordance with the law.
In addition, on January 8, the male employee who was laid off spoke out through the Internet, saying that the female executive involved Jing and the company's big boss were classmates at Tsinghua University, and their relationship was very iron, and it was perfunctory to suspend Jing. The employee also said that the company and Jing still had a high-minded attitude and did not apologize to him, hoping that Jing could put down his body and apologize and not continue to splash dirty water.
Incidents of illegal dismissal of employees are not uncommon, but the reason why this female executive's illegal dismissal caused heated discussions is mainly because the female executive's fierce rhetoric and even said threatening words such as "I will be dismissed in violation of the law now, can you control my illegality?" Try to see that you can't find a job for two and a half years. This practice is not only contrary to professional ethics, but also violates relevant laws and regulations.
From a legal point of view, although Jing's remarks cannot be found to be illegal, his communication methods are aggressive and easy to exacerbate labor-management conflicts. In the workplace, it is very common for employees to leave voluntarily or passively resign, but many companies cannot get together and disperse when employees leave. Some companies deliberately default on the wages of the departers, some companies deduct wages and bonuses for various reasons, and some companies unload the mill and kill the donkey and dismiss employees in violation of regulations, all of which are not conducive to the long-term development of the company.
In the workplace, enterprises have always been the strong side relative to employees, with money and resources, and the cost of violating the law is low and affordable, while employees are relatively weak and cannot afford to spend at all. Therefore, enterprises should respect the rights and interests of employees, abide by relevant laws and regulations, and establish a fair, just and transparent management system to promote the common development of enterprises and employees.
At the same time, employees should also enhance their awareness of law and rights protection, and learn to use legal weapons to protect their legitimate rights and interests. Only with the joint efforts of enterprises and employees can we establish harmonious labor-management relations and achieve a win-win situation.